Woodbridge, VA asked in Family Law, Civil Litigation, Civil Rights and Gov & Administrative Law for Florida

Q: disabilities act ignored in request to withdraw a document signed while intoxicate, I'm an alcoholic/have medical docum

I have been diagnosed with mental health and alcoholism, I signed and notarized a document coerced, manipulated and pressured by my wife. while I sent it to her, without my lawyers approval or review, I trusted my wife, again, I know, so she used me and manipulated me, she knows how very well. also is aware of my alcohol issues. I attempted to have the document, marital settlement agreement, withdrawn but failed, her lawyer defense, argued I chose to drink, I chose to sign the document drunk, and drove to a notary and sent to her while inhibited. I am in control while he and she and the judge were made aware I went to rehab, I have been diagnosed over and over before this with alcohol abuse, dependency. and the judge agreed with the defense that I chose to drink and could have not done what I did if I din't drink. well, ADA has recognized alcoholism as a disease and behavior and decision modifier and influencer as others manipulate and use your disease agains you for their own ben

1 Lawyer Answer
Bruce Alexander Minnick
Bruce Alexander Minnick
  • Civil Rights Lawyer
  • Tallahassee, FL
  • Licensed in Florida

A: First the Good news: Everything you said about chronic alcoholics often being unable to think clearly, or understand what they are doing, or why they are doing it, or understand the effect of what they did, or understand what they should or should not be doing, etc. is 100% correct. And most books about alcohol abuse all say the same things.

The bad news is that neither Florida law nor federal law provides alcoholics with a legal defense for any of their stupid behavior or actions while they are intoxicated-- or sober for that matter.

Initial legal advice: The ADA recognizes alcoholism as a sever mental disability--and provides a measure of protection for alcoholics who are treated discriminatorily in the workplace because of their disability. However, the ADA does NOT protect alcoholics against their wives--or against themselves--even in the workplace.

Second piece of legal advice: Florida and federal Judges who are acting in their official capacity enjoy absolute immunity for all their judicial actions.

Concluding legal advice: You have no cause of action against anyone.

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